TO:	HONORABLE MAYOR AND CITY COUNCIL	FROM:	Richard Doyle City Attorney
SUBJECT:	Second Amendment to MOU with San Jose Unified School District for Caglia Property	DATE:	September 25, 2003

RECOMMENDATION

Approval of a Second Amendment to the Memorandum of Understanding between the City of San José and San José Unified School District regarding the recreational use of certain property in the South Almaden Urban Reserve, extending the term of the MOU to January 22, 2005.

BACKGROUND

San Jose Unified School District has offered to allow the City to use thirty-five (35) acres of land in the South Almaden Urban Reserve (Caglia Property) to be used as play fields. In order to accomplish this, the City will need to adopt a General Plan Amendment and comply with the California Environmental Quality Act. Upon completion of these requirements, SJUSD Staff and City Staff will present a proposed lease to the SJUSD Board and City Council, respectively.

The terms of the proposed lease would allow for the use of the Caglia Property by the City for play fields. Rent would be nominal ($1.00 per year). The term would be for five (5) years, with three automatic renewal terms of five (5) years, unless earlier terminated by SJUSD. The City would be responsible for the development and maintenance of the play fields.

On January 22, 2002, City Council approved an MOU with San Jose Unified School District, setting forth the understanding between the parties regarding the planning process and the proposed lease. On January 21, 2003, the City Council approved a First Amendment to the MOU to extend the term of the agreement through January 22, 2004, in order to complete the CEQA review process. The CEQA review process for the proposed General Plan Amendment is still underway. This Second Amendment would extend the term of the MOU to January 22, 2005, to allow additional time to complete the necessary CEQA review process.

CONCLUSION

Entering into a Second Amendment to the MOU will allow the City to continue to move forward on a General Plan amendment and to conduct the appropriate CEQA review for the proposed play fields.

PUBLIC OUTREACH

Not applicable.

RICHARD DOYLE

City Attorney

cc: Del Borgsdorf

CEQA: Exempt, PP03-01-007